Journal of the House of Lords Volume 26, 1741-1746. Originally published by His Majesty's Stationery Office, London, 1767-1830.
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January 1744, 1-10
DIE Martis, 10o Januarii.
Domini tam Spirituales quam Temporales præsentes fuerunt:
Fredericus Princeps Walliæ.
Epus. Litch. & Cov.
Epus. Bath. & Wells.
Ds. Hardwicke, Cancellarius.
Dux Grafton, Camerarius.
Dux St. Albans.
Ds. Carteret, Unus Primariorum Secretariorum.
Ds. Willoughby Par.
Ds. (fn. 1) Clifton.
Jones & Ux. against Bennet & al.
The joint and several Answer of John Bennet and Mary his Wife, and Henry Spencer and Ann his Wife, to the Appeal of Jasper Jones and Frances his Wife, was brought in.
As was also, the Answer of Thomas Leigh, to the same Appeal.
And likewise, the Answer of William Vade, to the same Appeal.
Stewart against Graham.
As also, the Answer of William Graham Merchant in Edinburgh, Trustee of Mrs. Hathorn and her Husband, and the Tenants on the Estate of Phisgil, to the Appeal of Captain John Stewart.
L. Edgecumbe takes the Oaths:
This Day Richard Lord Edgecumbe took the Oaths, and made and subscribed the Declaration, and also took and subscribed the Oath of Abjuration, pursuant to the Statutes; his Lordship having first delivered a Certificate of his receiving the Sacrament, to the Truth whereof Witnesses were first sworn and examined.
O'Hara against Trible:
Upon reading the Petition of John Trible, Defendant in a Writ of Error depending in this House, wherein Charles O'Hara is Plaintiff; praying, "In regard the said Plaintiff has not assigned Errors thereon, although the Time limited by the Standing Order of this House is expired; that the said Writ of Error may be non pros'd, with such Costs as to their Lordships shall seem meet:"
Writ of Error Non pros'd.
It is Ordered, That the Petitioner do forthwith enter a Non pros. on the said Writ of Error, as desired; and that the Record be remitted to the Court of King's Bench, to the End Execution may had upon the Judgement given in that Court, as if no such Writ of Error had been brought into this House; and further, that the Plaintiff in Error do pay, or cause to be paid, to the Defendant in Error, the Sum of Ten Pounds, for his Costs by reason of the Delay of the Execution of the said Judgement.
Couper to amend his Appeal.
Upon reading the Petition of David Couper of Newgrange; praying Leave to amend his Appeal, by adding thereto some Parties omitted therein; and rectifying the Recital of several Interlocutors intended to be appealed against; the Petitioner amending the Respondents Copy:
It is Ordered, That the Petitioner be at Liberty to amend his said Appeal, as desired, upon the Condition above-mentioned.
Menzies and McDonald peremptorily to answer.
The House was informed, "That James Menzies and Angus Mac Donald have not put in their Answer to the Appeal of John Earl of Breadalbane and His Majesty's Advocate, though duly served with the Order of this House for that Purpose."
And thereupon an Affidavit, made by John Campbell Cashier of the Bank of Scotland, of the due Service of the said Order, being read:
It is Ordered, That the said Respondents do peremptorily put in their Answer to the said Appeal in a Week.
Westonbirt Commons to enclose, Bill.
The Lord Willoughby of Parham presented to the House, pursuant to their Lordships Order of the Second of December last, a Bill, intituled, "An Act for dividing and enclosing the Common Fields called The North Field and South Field, in the Parish of Westonbirt, in the County of Gloucester."
And the same was read the First Time.
Ratification of the Treaty of Worms, &c. delivered.
The Lord Carteret, by His Majesty's Command, presented to the House,
"A Copy of His Majesty's Ratification of the Treaty concluded at Worms, the 2d/13th September 1743; with a Translation thereof."
And the Titles of the said Ratification and Translation being read:
Ordered, That the said Papers do lie on the Table.
D. Beaufort's Divorce, Bill.
The Order of the Day being read, for the Second Reading of the Bill, intituled, "An Act to dissolve the Marriage of Henry Duke of Beaufort with Frances Scudamore his now Wife, and to enable him to marry again; and for other Purposes therein mentioned;" and for hearing Counsel, as well for as against the same:
Counsel were accordingly called in.
And Mr. Evans and Mr. Hopton appearing for the Bill; but no Counsel against it:
The same was read a Second Time.
And the First Counsel was heard at large, to open the Allegations thereof; and produced the Settlement made upon the Marriage of the said Duke and Dutchess, the Articles of Separation between them, and the Deed of Trust thereupon.
And Parts of the said Writings were read.
And Thomas Garland, Servant to the Duke, was produced, sworn, and examined; and proved the Marriage and Separation; and in what Capacity he served the Dutchess afterwards; and the Familiarity he observed between the Lord Talbot and her Grace.
Next, John Pargiter, a Farmer at Chipping Warden, in Northamptonshire, being sworn, and examined, acquainted the House, "That, in the Beginning of June, 1741, he observed a Man (whom he described), and afterwards found it was Lord Talbot, to meet the Dutchess as she was walking alone in the Fields near that Place; and thereupon mentioned adulterous Familiarities which passed between them."
And William Douglas and Thomas Bonham were severally examined upon Oath, in order to corroborate the last Witness's Testimony.
After which, several Witnesses were sworn, and examined, as to the sending for a Midwise to the Dutchess; her being delivered or brought to Bed of a Daughter; of the Care and Concern the Lord Talbot expressed for it; the Endeavours used for Secrecy; further indecent Familiarities between his Lordship and the Dutchess; and as to the Duke's spending his Time after the Separation, in order to shew his Grace had no Meeting with her afterwards.
Which done; a definitive Sentence of Divorce, obtained in the Arches Court of Canterbury, was produced, and read.
And the Counsel having made some short Observations on the Evidence:
They were directed to withdraw.
Ordered, That the said Bill be committed to a Committee of the whole House, To-morrow; and that the Cause between Patrick Calder and Jane Provan, which stands then to be heard, be put off to Thursday next.
Dominus Cancellarius declaravit præsens Parliamentum continuandum esse usque ad et in diem Mercurii, undecimum diem instantis Januarii, hora undecima Auroræ, Dominis sic decernentibus.